assessments and involve minorities in the design and implementation of measures to ensure
the implementation of Article 14, including the right unequivocally guaranteed under Article
14 (1).
The languages protected
The notion of ‘minority language’ is not as clear as it appears at first sight. It may mean:
a)
the language which is considered as the traditional and historical language of a
minority group;
b)
the language which is used in practice by a minority group (e.g. Russian among
persons belonging to the Roma minority in several countries of the former Soviet
Union);
c)
the language which is used by a majority within a minority group or which is used
most of the time by a minority (or a combination of both);
d)
the language which simply differs from the language of the majority.
The notion of ‘mother tongue’ which is sometimes used in legislation and in State Reports is
equally unclear as it may mean:
a)
the language transmitted by the mother (with all the gender biases this brings
regarding the transmission of cultures and identities);
b)
the language one learned first;
c)
the language one knows best;
d)
the language one uses most freely;
e)
the language with which one is identified by him or herself or by others as a
‘native speaker’.
It should also be noted that the word ‘mother tongue’ does not appear at all in Article 14 and
it can therefore be argued that, following the principle of self-identification enshrined in
Article 3 of the Framework Convention, persons belonging to national minorities and
minorities as groups may freely identify themselves on the basis of the language they perceive
as being ‘their’ language.
Languages form a continuum and the exact borders (linguistic and geographic) of languages
are and will remain flexible and changing. Human beings are capable of mastering several
languages. Human beings can also know and use various languages at different levels and
within different domains. In our times of globalization and enhanced interaction it is in any
case evident that multilingualism gives strong functional, cognitive and emotional assets. The
Framework Convention itself presupposes the encouragement and support for bilingualism
(through a combined implementation of Articles 12 (1) and 14. For those reasons continuous
consultation with the persons and groups concerned (pupils, parents, teachers, minority
representatives, authorities at central and local levels) is essential in the design of successful
language education programmes. This flows also from the right to participation of persons
belonging to national minorities as guaranteed under Article 15 of the Framework
Convention.
The importance of teaching of and through the medium of the Romani language is
increasingly discussed in State Reports and in the Opinions of the Advisory Committee as a
necessary element of the efforts to ensure access to education for the Roma. In the Opinion on
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